Media Freedom - The Times Of Central Asia

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Legislation

Kyrgyzstan to Impose Fines for Online Insult and Libel

The Jogorku Kenesh, Kyrgyzstan’s parliament, has approved a bill in its second reading to impose fines for insult and libel on the Internet. Initially criticized for its steep penalties, the fines have been reduced fivefold following public backlash. The bill was first introduced to the parliamentary committee in June. Public dissatisfaction arose over the high penalties it proposed, which included fines of 100,000 KGS ($1,200) for individuals and 200,000 KGS ($2,400) for legal entities. Kyrgyz Ombudsman Jamilya Dzhamanbaeva was among the first to voice opposition, arguing that the fines were “unreasonably high” and violated the principle of proportionality. Media representatives also demanded public consultations, emphasizing that laws affecting citizens' rights and media freedom require parliamentary hearings under Article 115 of Kyrgyz law. Responding to the widespread criticism, lawmakers amended the bill to reduce the fines by 80%. “It is every citizen's absolute right to criticize the authorities. But every criticism must have a ‘red line’ that no one is allowed to cross. Constructive criticism should never be perceived as an offense by government bodies,” said social activist Alisher Tashmatov, speaking to The Times of Central Asia. Tashmatov supported the need for libel laws, pointing out that false information, particularly targeting high-ranking officials during election seasons, is a growing concern in Kyrgyzstan. Guli Almambetova, former head of the Bishkek City Hall press service, shared her perspective, having faced numerous online insults during her tenure. While unpleasant, she said such criticism often provided valuable insights into municipal shortcomings. “This kind of unflattering feedback helped us analyze the performance of city services and address specific issues,” Almambetova explained. Known for her blunt social media commentary, she also acknowledged that her sharp exchanges with citizens spurred her to establish press services within municipal agencies to handle complaints more constructively. Almambetova stressed the importance of balancing responsibility and freedom of expression: “A system of accountability for one’s words is essential. Citizens should channel their grievances about poor public service through proper contacts. That’s how we grow as a society and find the balance between insult and constructive criticism.” Until such a balance is achieved, however, the state is adopting stricter measures to curb online hostilities toward public officials and institutions.

Human rights

Tajik Journalist Rukhshona Khakimova Faces Treason Charges Amid Controversy

Tajik authorities have charged journalist Rukhshona Khakimova, the niece of Shokirjon Khakimov, first deputy chairman of the Social Democratic Party of Tajikistan, with high treason under Article 305 of the Criminal Code. The charges are part of a larger investigation into an alleged coup attempt, according to sources cited by Radio Ozodi. The case, initiated in July, took a significant turn on November 22 when the indictment against Rukhshona and Shokirjon Khakimov was formally presented in court. The trial, held behind closed doors, has limited access to details, leaving the public and media in the dark. The Allegations Sources suggest that Rukhshona Khakimova’s charges stem from her involvement in conducting a politically sensitive poll about China’s influence in Tajikistan. The survey reportedly included interviews with Saidjafar Usmonzoda, a political figure stripped of parliamentary immunity and later arrested, and her uncle, Shokirjon Khakimov, who is also implicated in the case. It remains unclear how this survey forms the basis of a high treason charge. The secrecy surrounding the trial further obscures the connection. Background on Khakimova Rukhshona Khakimova, 31, is a graduate of the National University of Tajikistan with a career that spans investigative journalism for prominent outlets, including Youth of Tajikistan and several international publications. She is also a mother of two young children, the youngest being just five months old. Due to her family situation, Khakimova is under house arrest. Both her domestic and foreign passports have been confiscated, restricting her movements. She and her lawyer have declined to comment on the case, adhering to its classified nature. A Broader Context The trial, which began on November 14, involves multiple defendants, including well-known politicians and public figures accused of conspiring against the government. Held in a detention facility in Dushanbe, the closed proceedings exclude the participation of family members and the press, fueling speculation and concern among observers. As the case unfolds, it raises critical questions about press freedom, political dissent, and judicial transparency in Tajikistan.

Legislation

Rahmon Calls To End Persecution For Social Media ‘Likes’

Tajik President Emomali Rahmon has called on law enforcement agencies to stop prosecuting citizens for their activity on social media, particularly for likes and comments. Rahmon said this at the opening of a new training institute for Interior Ministry personnel, timed to coincide with the 30th anniversary of the Constitution and the Day of the Tajik Police. In Tajikistan, even adding simple “likes” on posts by opposition figures, or reposting their videos, can lead to arrest. Since 2016, the country's Criminal Code has included a provision on “public justification of extremism,” which allows law enforcement agencies to equate likes with support for extremist ideas. For example, in August 2023, 70-year-old Kamoliddin Sharofov was sentenced to five years for liking posts on a banned website. Rahmon expressed concern over the growth of unfounded criminal cases against social media users, and noted that law enforcement agencies' actions undermine public confidence. He called for restraint, emphasizing that any police action should show respect for citizens' rights and the principles of democracy. The Tajik government has previously been criticized by the opposition and international organizations, including the U.S. State Department, for arresting citizens for their online activities.

Justice

Woman in Kazakhstan Sentenced for Inciting Ethnic Hatred

In Almaty, a Kazakh woman, Maral Zhalelova, was sentenced to two years in prison for inciting ethnic hatred. The court found that in her video messages in TikTok, she called on Russians to leave Kazakhstan and insulted the ancestors of Kazakh nationality who fought against Nazi Germany during the Second World War. In doing so, she used obscene language and expressed sympathy for Adolf Hitler. Even though Zhalelova did not admit guilt, she apologized for her words. The prosecutor insisted on a five-year sentence, but the court took her apology into account and handed down the minimum sentence, considering that she deserved a “more humane punishment.” The sentence has not been enforced yet. The case began in July 2024 after complaints about Zhalelova's provocative online statements. The investigation recognized that her words offended the feelings and dignity of citizens with Russian nationality, and hurt the memory of ancestors who fought against fascism. During the trial, Zhalelova explained that her reaction was triggered by the events following Russia's invasion of Ukraine. According to her, she sought to support the Kazakh language, but during the broadcasts, insults were directed at her, and she reacted to provocation. In April 2024, another resident of Almaty, Elina Liu, also received two years in prison for making disparaging remarks about the Kazakh people and language, which the court considered as incitement to discord.

Justice

Kyrgyz Blogger Jailed for Inciting Ethnic Hatred

A video blogger from the Jalal-Abad region of Kyrgyzstan has been sentenced to two years in prison for inciting ethnic hatred and propaganda related to the war in the Middle East after the Supreme Court upheld the verdict of a lower court. According to information provided by Turmush, the blogger's name was not disclosed. The charges were brought under Part 1, Article 330 of the Criminal Code of Kyrgyzstan. The man ran a video channel with an audience of about 400,000 subscribers, where he posted religious instructions and supported the Yakyn Inkar organization, which is banned in the country. In addition, his channel published materials stoking hatred in the Middle East. In particular, on November 1, 2023, he posted an interview with the head of a political party of the Jogorku Kenesh, who made statements calling for violence and the destruction of a specific nationality. The case was classified by the National Security Committee. The detention of the blogger took place on November 25, 2023, and the trial took place on March 27, 2024, in the Pervomaisky District Court of Bishkek. The defense argued that the materials published did not violate the law, but the Supreme Court left the regional court's decision unchanged. Based on the conclusions of experts and reports from staff of the 4th Main Department of the SCNS, the court ruled that the blogger's publications provoked an increase in harmful and radical comments. There have been several cases in Kyrgyzstan involving charges of inciting ethnic and religious hatred. In August 2023, blogger Aizhan Myrsan was fined for posting what the court deemed to be incitement to ethnic hatred. Her lawyers insisted that the video had been taken out of context and edited, but the court upheld the decision. Another famous case is that of Omurbek Babanov, a politician who was accused of inciting ethnic hatred after a speech he delivered in 2017. His remarks at a meeting with voters became the subject of court proceedings, where experts interpreted them as potential calls for violence.

Mass Media

“A Punitive Decision To Scare Journalists”: Bolot Temirov Hits Back at Bishkek Court

After almost a year of proceedings, the Lenin District Court in Bishkek has convicted journalists Makhabat Tazhibek Kyzy and Azamat Ishenbekov of the Temirov Live project. Both were sentenced for calling for "mass disorder;" a verdict which the media project founder, Bolot Temirov, considers revenge for their professional activities. According to the court ruling, Makhabat Tazhibek Kyzy (head of Temirov Live) was sentenced to six years in prison, and journalist Azamat Ishenbekov, to five years. Two journalists, Aktilek Kaparov and Ayka Beishenalieva, were sentenced to three years of probation, whilst the remaining seven project employees were acquitted. On January 16, 2024, law enforcers searched the office of Temirov Live and seized all editorial equipment in the interest of the investigation. Eleven employees of the publication were searched and detained. Later, the Kyrgyz Interior Ministry said they had studied Temirov Live and Ait Ait Dese's content on social networks and that results of the forensic examination had shown that the employees of the editions had called for mass riots. A criminal case was initiated under Article 278 of the Criminal Code of the Kyrgyz Republic, “Calls for active disobedience to the lawful demands of representatives and mass disorder.” Two months later, most of the participants in the trial were released under house arrest, leaving four journalists in detention. In an interview with the state news agency Kabar, Kyrgyz President Sadyr Japarov said two of the eleven defendants were professional journalists but emphasized that the “others are said to have education only to an 11th-grade level. How can you deny they were paid some money to sit on social networks and spread false messages calling for unrest? Once again, false information calling for unrest is not freedom of speech." The detention of the journalists had been earlier criticized by the UN Human Rights Office and other international organizations. Bolot Temirov, husband of convicted journalist Makhabat Tazhibek Kyzy and founder of the Temirov Live project, whom Kyrgyz authorities expelled from the country in 2022 and stripped of his Kyrgyz citizenship, told The Times of Central Asia that he disagreed with the court's verdict. He claimed the decision was political and that his wife was convicted only to blackmail him: “This is a punitive decision to scare journalists and our citizens. I regard (the court's verdict) as revenge against me personally.... Why were some convicted and others not? I have no idea what's going on in their heads. Based on the law, there is no single offense. There was no call for mass riots, disobedience to the authorities, or any violence against citizens." Temirov said he was especially shocked by the harsh sentence served on his wife, and the court's refusal to grant a reprieve until his 12-year-old son came of age. The Bishkek Leninsky Court ruled that the child be handed over to the guardianship authorities and transferred to an orphanage. According to Temirov, the court should have appointed him as guardian since no one had deprived him of parental rights, or alternatively,...